The neighbor principle PDF

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The neighbor principle: During the course of history, human beings have developed into civilized nations. The societies within these nations follow certain rules and regulations that allow the society to function in uniformity and run smoothly. However, the advancement of societies also resulted in the sophistication of issues that has led to numerous legal conundrums. These legal disputes once settled form legal principles that shine a light on any future discourses within the same legal and factual parameters. One such principle that was formed through the common law is the neighbour principle in the Law of Tort. The neighbour principle dictates that when a person is under a statutory duty, or, if that person assumes a duty, towards another person who is in close proximity, then his or her actions (commission) or inaction (omission) require reasonable care so as not to negatively affect the person in close proximity to them. Furthermore, it is their duty to act reasonably and not carelessly and have a foresight of their commission or omission. This principle was first laid down in the case of Donoghue V Stevenson [1932] by Lord Atkin in his Judgment, in which he stated that a duty is owed to “ persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected…” He described such people as ‘my neighbours’. Hence, his definition of duty is called the ‘neighbour principle’....